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(영문) 창원지방법원 마산지원 2015.02.04 2014고단1182
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On September 10, 2010, the Defendant was sentenced to a suspended sentence of 2 months in the Changwon District Court for a violation of the Road Traffic Act (LA) and on May 3, 2010, the Defendant was sentenced to a fine of 4 million won in the above court due to the same crime, and on September 5, 2014, the Defendant was sentenced to a suspended sentence of 10 months for a violation of the Road Traffic Act (LA) in the Changwon District Court's MA branch on September 13, 2014, and was sentenced to a suspended sentence of 5 times in total on September 13, 2014.

On July 24, 2014, at around 09:30, the Defendant driven a B body-man car with approximately 2km alcohol concentration of about 0.082% under the influence of alcohol, from around 09:30 to around 834 in the same Eup/Myeon area, from around the reputation improvement in one way to the Seocho-gu Busan Metropolitan City, Seowon-si, Seoul Metropolitan City.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the situation of running a motor vehicle under the influence of alcohol;

1. Making a report on the control of drinking driving;

1. Application of Acts and subordinate statutes, such as the failure to take measures, report on results of confirmation, and a copy of each judgment;

1. Relevant Article of the Act on Criminal facts and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act which choose the penalty;

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act on the suspension of execution;

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